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Defendant Contests Assault Charge

A woman had been living with a man for thirteen years and they had a seven year old daughter. The woman ended her relationship with her live-in partner and left the apartment she shared with the man. She took her daughter along.

On February 13, 2007 the man invited the woman back to the apartment they used to share to try to reconcile and talk about their daughter. The woman came and they talked. A New York Drug Crime Lawyer said their talk ended late at night so the defendant invited his former live-in partner to sleep in the living room of their old apartment. The next morning, the man raped his live-in partner three times.

The woman filed criminal charges and submitted herself to a physical examination where a rape kit was used to gather physical evidence from her. The woman also applied and obtained an order of protection for herself and for her daughter and against her husband. The court extended this order of protection six times during the pendency of the criminal proceedings. Her live-in partner was arrested only on April 11, 2007. He was charged with rape in the first and third degrees and sexual abuse in the first and third degrees.

The woman went back to the apartment on June 19, 2007 at a time when she thought that her former partner would be at work. A New York Drug Possession Lawyer said the woman let herself into their apartment using her old keys. She wanted to get some personal belongings and some personal documents especially the medical insurance policy of her daughter.

The man was in the apartment at that time. He threatened the man crept up behind the woman and locked the door. He then told her in a menacing tone that he wanted to have sex with her. She told him to get a condom and when he left the living room, the woman ran out of the apartment.

The man ran after the woman and was able to catch her as she was on the stairs. He tackled her to the floor while on a landing on the stairs. He then straddled her. The woman screamed but the man put his hand over her mouth and tried to rip off her clothes. The neighbors were alerted to the scream and the sound of the woman struggling and falling on the stairs. The neighbors called 911 and the police arrived as the man was still forcing the woman and had her pinned underneath him.

For this, the man was charged with rape with criminal contempt in the first and second degrees because he defied a standing order of protection, and he was also charged with attempted assault in the third degree.

The man moved for the dismissal of the indictment for attempted assault in the third degree. He contends that he had no specific intent to inflict bodily harm on the woman and so he cannot be charged with attempted assault. A Nassau Sex Crimes Lawyer said tht he argued that while he may be charged with attempted rape in the third degree, he cannot be charged with assault because he had no intent to cause her bodily injury.

The only question is whether or not the charge of attempted assault should be dismissed. The Court denied the motion to dismiss the attempted assault charge. The Court held that there is an assault in the third degree when with intent to cause physical injury to another the person causes the physical injury he intended.

The Court was other opinion that when one rapes another, one inflicts serious physical injury. It cannot be denied that forcible rapes cause bodily injuries and cause pain. A Queens Sex Crimes Lawyer said that rape is violence committed against the person and bodily integrity of another. It cannot be denied that the man here clearly intended to rape the woman but the woman ran. When the man ran after the woman, tackled her and pinned her to the floor, he intended to harm the victim and cause her bodily injury by raping her. He put his hand on the woman’s mouth and forced her to submit to him as she struggled to be free. He was correctly charged with attempted assault in the third degree.

Attempted assault is a crime of physical injury while rape is a crime against chastity. Were you accused of attempted assault instead of attempted rape? You need the assistance and advice of a New York City Rape Lawyer who can explain to you the difference between those two charges. You need a New York Rape attorney who can explain to you what he consequences would be to you should you be convicted of assault or attempted rape. NY Rape lawyers from Stephen Bilkis and Associates are willing to help you present your defense. Call Stephen Bilkis and Associates today, or better yet, visit any of the offices of Stephen Bilkis and Associates in the New York area and speak with any of their NYC Rape lawyers today.

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